India welcomes dismissal of visa fraud charges agst Devyani

March 13, 2014
New Delhi, Mar 13: India today termed as "good as far as it goes" the dismissal of visa fraud charges by a US court against senior diplomat Devyani Khobragade, whose arrest and strip-search had triggered a diplomatic row between the two countries.

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"We have seen the judgement related to the indictment of January 9. It is good as far as it goes," spokesperson in the Ministry of External Affairs said.

He said the lawyers will meet to "examine it carefully before we are able to respond substantially and in more detail".

Khobragade, who was India's deputy consul-general in New York, was arrested on December 12 outside her children's school.

She has won dismissal of the indictment against her for visa fraud, with a US judge ruling she had full diplomatic immunity.

However, prosecutors are not barred from bringing new charges in future.

Reacting to the US court verdict, her father Uttam Khobragade said, "They tried to trap Devyani with a false complaint against her. I thank the Indian government and the Indians for their cooperation and help. She will go back to America with full diplomatic immunity".

US District Judge Shira Scheindlin said in her 14-page order that "it is undisputed" that Khobragade acquired full diplomatic immunity at 5:47 pm on January 8 after the US State Department approved her accreditation as a counselor to India's mission to the United Nations.

While the indictment was returned on January 9, Khobragade had the immunity till she departed from the US for India on the evening of January 9 and so the prosecutors cannot proceed with the current indictment.

"Khobragade's motion to dismiss the indictment on the ground of diplomatic immunity is granted. Khobragade's conditions of bail are terminated, and her bond is exonerated. It is ordered that any open arrest warrants based on this indictment must be vacated," Scheindlin said in her 14-page order, capping months of unprecedented diplomatic tensions between the US and India.

"On January 9, immediately following the return of the indictment, Khobragade appeared before the court through counsel and moved to dismiss the case. Because the court lacked jurisdiction over her at that time, and at the time the indictment was returned, the motion must be granted," the judge said ordering that the motion and the case be closed.

US Attorney Preet Bharara's office had argued that Khobragade, 39, was not immune from her December 12 arrest on charges of visa fraud and making false statements about the visa application of her domestic help Sangeeta Richard.

Khobragade's arrest on visa fraud charges had triggered a row between the two countries with India retaliating by downgrading privileges of certain category of US diplomats among other steps.

Earlier

US judge throws out charges against Devyani Khobragade

New York, Mar 13: An Indian diplomat whose arrest and strip search spurred an international flap had charges against her dismissed by a federal judge on Wednesday.

The judge's ruling said Devyani Khobragade had diplomatic immunity when she was indicted on charges of fraudulently obtaining a work visa for her housekeeper and lying about the maid's pay.

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But the ruling left open the possibility prosecutors could bring a new indictment against her, and they "intend to proceed accordingly," said James Margolin, a spokesman for Manhattan US attorney Preet Bharara.

Khobragade's attorney, Daniel Arshack, praised the ruling. "The judge did what the law required, and that is: that a criminal proceeding against an individual with immunity must be dismissed," Arshack said. "She's (Khobragade's) hugely frustrated by what has occurred. She is heartened that the rule of law prevailed."

After being indicted, she complied with a department of state order to leave the US. The Indian government then asked Washington to withdraw a diplomat from the US embassy in New Delhi. The US complied.

A federal prosecutor ventured into the tense relationship between the US and India in December, defending the arrest and strip search of Khobragade when she was held on visa charges and saying she was treated very well, even given coffee and offered food while detained.

US attorney Preet Bharara said Khobragade was afforded courtesies most Americans wouldn't get — such as being allowed to make phone calls for two hours to arrange child care and sort out personal matters — after she was discretely arrested by US department of state agents outside her children's Manhattan school.

Khobragade was arrested on charges she lied on a visa application about how much she paid her housekeeper, an Indian national. Prosecutors said the maid received less than $3 per hour for her work.

Bharara said Khobragade, who had pleaded not guilty, wasn't handcuffed, restrained or arrested in front of her children. And he said that while she was "fully searched" in private by a female deputy marshal, the move was a standard safety practice all defendants undergo

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News Network
March 20,2020

New Delhi, Mar 20: The coronavirus pandemic will leave behind a global recession with small businesses, self-employed and daily wagers taking the worst hit, Mahindra Group Chairman Anand Mahindra said on thursday.

"The virus will eventually be conquered, but it will have left behind a global recession. The costs of that are incalculably high at this time. The most fearsome toll will be on small businesses, the self-employed & those whose lives depend on meagre daily wages," Mahindra said in a tweet.

Apart from the toll on lives, the legacy of Covid-19 may well be deaths due to stress, loss of livelihoods, a rise in homelessness and in extreme situations, civil unrest, he added.

"The only global experience that has lessons for us in the current situation is the last world war. In the aftermath of WW2, the US came up with the Marshall plan to revive Europe, effectively a giant fiscal pump-priming," Mahindra said.

In the US, the government dramatically dismantled regulations and opened up the economy to trade and these actions led to a boom-cycle that stretched to 1975, he added.

"This time, there will be no victors, only the vanquished. So every country will have to create its own post ‘virus war” marshall plan & take care of those in society who are hit the hardest. Perhaps we too can build the foundations of a sustained global growth cycle," Mahindra said.

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News Network
March 9,2020

New Delhi, Mar 9: A war of words broke out between the BJP and the Congress on Sunday over the Yes Bank crisis with the ruling party seeking to link it with the Gandhi family, while the opposition wondered if the prime minister and finance minister were "complicit" as the bank's loan book grew manifold.

Posting on Twitter a clip of a news channel report that Rana Kapoor, the arrested Yes Bank founder, had bought a painting from Congress leader Priyanka Gandhi Vadra, BJP's information and technology wing in-charge Amit Malviya alleged that every financial crime in India has "deep links" with the Gandhis.

The Congress dismissed the charge "fake" and called it a "diversionary" tactic.

It said Priyanka Gandhi had sold an M F Hussain painting of her father Rajiv Gandhi to Kapoor for Rs 2 crore, and the entire amount was disclosed in her income tax return of 2010.

Malviya tweeted, "Every financial crime in India has deep link with the Gandhis. Mallya used to send flight upgrade tickets to Sonia Gandhi. Had access to MMS (Manmohan Singh) and PC (P Chidambaram). Is absconding. Rahul inaugurated Nirav Modi’s bridal jewellery collection, he defaulted. Rana bought Priyanka Vadra’s paintings."

Congress' chief spokesperson Randeep Surjewala asked how does an M F Hussain painting of Rajiv Gandhi sold 10 years ago by Priyanka Gandhi to Yes Bank owner Rana Kapoor and disclosed in her tax returns connect with unprecedented giving of loans of Rs 2,00,000 crore in five years of the Modi government.

"More so, when (Kapoor's) proximity to BJP leaders is well known," he said.

Rubbishing the BJP's allegation, Congress spokesperson Abhishek Manu Singhvi at a press conference said it was a "diversionary" tactic by the government.

He noted that the bank's loan book rose from Rs 55,633 crore in March 2014, the year Narendra Modi became prime minister, to Rs 2,41,499 crore in March 2019.

"Why did the loan book rise by 100 per cent in two years after demonetisation i.e from Rs 98,210 cr in March 2016 to Rs 2,03,534 ar in March 2018? Were PM and FM sleeping, ignorant or complicit?" he asked.

The entire amount Priyanka Gandhi had received was in cheque and was fully disclosed in the income tax return, Singhvi said.

Surjewala, taking to Twitter, said instead of diverting from the real issue of people's money sinking into a bad bank, should not the government answer questions like how did loans given by Yes Bank rise from Rs 55,633 crore in March 2014 to Rs 2,41,499 crore in March 2019, an increase of almost Rs 2,00,000 crore in fiver years of the Modi government.

Why did the loans given by Yes Bank rise by a whopping 100 per cent in just two years after demonetisation, he asked.

Surjewala also questioned why did the prime minister address a conference sponsored by Yes Bank on March 6 despite the RBI moratorium.

"Why did the Haryana BJP government deposit over Rs 1,000 crore in Yes Bank a month ago, knowing that it was sinking? Is this figure Rs 3,000 cr? Did Fadnavis government in Maharashtra make similar deposits?" Surjewala asked.

"Of course, the government's media proxies won't dare to ask these questions. But the nation wants to know!" he said in a series of tweets.

Kapoor, 62, was arrested by the Enforcement Directorate in Mumbai after charges of alleged financial irregularities and mismanagement in the bank's operations surfaced and the RBI and Union government initiated action to control its affairs.

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News Network
February 22,2020

Feb 22: Prime Minister Narendra Modi is unlikely to accompany US President Donald Trump and his family members during their visit to the Taj Mahal in Agra on Monday, official sources said.

The US President will arrive in Ahmedabad at around noon on February 24 for a less that 36-hour visit to India. He will be accompanied by a high-level delegation including First Lady Melania Trump, the President's daughter Ivanka Trump, son-in-law Jared Kushner and a galaxy of top US officials.

After attending an event at Ahmedabad, the Trumps will travel to Agra on Monday afternoon to visit the Taj Mahal before arriving at the national capital for the main leg of the visit.

When asked about reports that Modi may accompany Trump to Agra, official sources said there was no such plan.

They said the visit to the Taj Mahal in Agra by the US President and his family members will afford them the opportunity to view the historical monument suitably. Therefore, no official engagements or presence of senior dignitaries from the Indian side is envisaged there, the sources said.

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